58
miss normal class time or takes place outside regular school time.
59
(2) The activity disclosure statements shall be disseminated to the students desiring
60
involvement in the specific activity or to the students' parents or legal guardians or to both
61
students and their parents.
62
(3) An activity disclosure statement shall contain the following information:
63
(a) the specific name of the [club,] team, group, or activity;
64
(b) the maximum number of students involved;
65
(c) whether or not tryouts are used to select students, specifying date and time
66
requirements for tryouts, if applicable;
67
(d) beginning and ending dates of the activity;
68
(e) a tentative schedule of the events, performances, games, or other activities with
69
dates, times, and places specified if available;
70
(f) if applicable, designation of any nonseason events or activities, including an
71
indication of the status, required, expected, suggested, or optional, with the dates, times, and
72
places specified;
73
(g) personal costs associated with the activity;
74
(h) the name of the school employee responsible for the activity; and
75
(i) any additional information considered important for the students and parents to
76
know.
77
Section 2.
Section
53A-11-1201
is enacted to read:
78

Part 12. Student Clubs Act

79
53A-11-1201. Title.
80
This part is known as the "Student Clubs Act."
81
Section 3.
Section
53A-11-1202
is enacted to read:
82
53A-11-1202. Definitions.
83
As used in this part:
84
(1) "Bigotry" means action or advocacy of imminent action involving:
85
(a) the harassment or denigration of a person or entity; or

86
(b) any intent to cause a person not to freely enjoy or exercise any right secured by the
87
constitution or laws of the United States or the state, except that an evaluation or prohibition
88
may not be made of the truth or falsity of any religious belief or expression of conscience
89
unless the means of expression or conduct arising therefrom violates the standards of conduct
90
outlined in this section, Section
53A-13-101.3
, or 20 U.S.C. Section 4071(f).
91
(2) "Club" means any student organization that meets during noninstructional time.
92
(3) "Conscience" means a standard based upon learned experiences, a personal
93
philosophy or system of belief, religious teachings or doctrine, an absolute or external sense of
94
right and wrong which is felt on an individual basis, a belief in an external absolute, or any
95
combination of the foregoing.
96
(4) "Curricular club" means a club that is school sponsored and that may receive
97
leadership, direction, and support from the school or school district beyond providing a
98
meeting place during noninstructional time. An elementary school curricular club means a club
99
that is organized and directed by school sponsors at the elementary school. A secondary school
100
curricular club means a club:
101
(a) whose subject matter is taught or will soon be taught in a regular course;
102
(b) whose subject matter concerns the body of courses as a whole;
103
(c) in which participation is required for a particular course; or
104
(d) in which participation results in academic credit.
105
(5) (a) "Discretionary time" means school-related time for students that is not
106
instructional time.
107
(b) "Discretionary time" includes free time before and after school, during lunch and
108
between classes or on buses, and private time before athletic and other events or activities.
109
(6) (a) "Encourage criminal or delinquent conduct" means action or advocacy of
110
imminent action that violates any law or administrative rule.
111
(b) "Encourage criminal or delinquent conduct" does not include discussions
112
concerning changing of laws or rules, or actions taken through lawfully established channels to
113
effectuate such change.

114
(7) (a) "Instructional time" means time during which a school is responsible for a
115
student and the student is required or expected to be actively engaged in a learning activity.
116
(b) "Instructional time" includes instructional activities in the classroom or study hall
117
during regularly scheduled hours, required activities outside the classroom, and counseling,
118
private conferences, or tutoring provided by school employees or volunteers acting in their
119
official capacities during or outside of regular school hours.
120
(8) "Involve human sexuality" means:
121
(a) presenting information in violation of laws governing sex education, including
122
Sections
53A-13-101
and
53A-13-302
;
123
(b) advocating or engaging in sexual activity outside of legally recognized marriage or
124
forbidden by state law; or
125
(c) presenting or discussing information relating to the use of contraceptive devices or
126
substances, regardless of whether the use is for purposes of contraception or personal health.
127
(9) "Limited open forum" means a forum created by a district for student expression
128
within the constraints of Subsection
53A-13-101.3
(2)(b).
129
(10) "Noncurricular club" is a student initiated group that may be authorized and
130
allowed school building use during noninstructional time in secondary schools by a school and
131
school governing board in accordance with the provisions of this part. A noncurricular club's
132
meetings, ideas, and activities are not sponsored or endorsed in any way by a school governing
133
board, the school, or by school or school district employees.
134
(11) "Noninstructional time" means time set aside by a school before instructional time
135
begins or after instructional time ends, including discretionary time.
136
(12) "Religious club" means a noncurricular club designated in its application as either
137
being religiously based or based on expression or conduct mandated by conscience.
138
(13) "School" means a public school, including a charter school.
139
(14) "School building use" means access to a school facility or premises, including
140
access to a limited open forum.
141
(15) "School governing board" means a local school board or charter school board.

142
Section 4.
Section
53A-11-1203
is enacted to read:
143
53A-11-1203. Student clubs -- Limited open forum -- Authorization.
144
(1) (a) A school may establish and maintain a limited open forum for student clubs
145
pursuant to the provisions of this part, State Board of Education rules, and school governing
146
board policies.
147
(b) Notwithstanding the provisions under Subsection (1)(a), a school retains the right to
148
create a closed forum at any time by allowing curricular clubs only.
149
(2) (a) A school shall review applications for authorization of clubs on a case-by-case
150
basis.
151
(b) Before granting an authorization, the school shall find:
152
(i) that the proposed club meets this part's respective requirements of a curricular club
153
or a noncurricular club; and
154
(ii) that the proposed club's purpose and activities comply with this part.
155
(c) Before granting an authorization, a school may request additional information from
156
the faculty sponsor, from students proposing the club, or from its school governing board, if
157
desired.
158
(3) A school shall grant authorization and school building use to curricular and
159
noncurricular clubs whose applications are found to meet the requirements of this part, rules of
160
the State Board of Education, and policies of the school governing board and shall limit or
161
deny authorization or school building use to proposed clubs that do not meet the requirements
162
of this part, rules of the State Board of Education, and policies of the school governing board.
163
Section 5.
Section
53A-11-1204
is enacted to read:
164
53A-11-1204. Curricular clubs -- Authorization.
165
(1) Faculty members or students proposing a curricular club shall submit written
166
application for authorization on a form approved by the school governing board.
167
(2) A school governing board may exempt a club whose membership is determined by
168
student body election or a club that is governed by an association that regulates interscholastic
169
activities from the authorization requirements under this section.

170
(3) An application for authorization of a curricular club shall include:
171
(a) the recommended club name;
172
(b) a statement of the club's purpose, goals, and activities;
173
(c) a statement of the club's categorization, which shall be included in the parental
174
consent required under Section
53A-11-1210
, indicating all of the following that may apply:
175
(i) athletic;
176
(ii) business/economic;
177
(iii) agriculture;
178
(iv) art/music/performance;
179
(v) science;
180
(vi) gaming;
181
(vii) religious;
182
(viii) community service/social justice; and
183
(ix) other;
184
(d) the recommended meeting times, dates, and places;
185
(e) a statement that the club will comply with the provisions of this part and all other
186
applicable laws, rules, or policies; and
187
(f) a budget showing the amount and source of any funding provided or to be provided
188
to the club and its proposed use.
189
(4) The application may be as brief as a single page so long as it contains the items
190
required under this section.
191
(5) A school shall approve the name of a curricular club consistent with the club's
192
purposes and its school sponsorship.
193
(6) (a) A school shall determine curriculum relatedness by strictly applying this part's
194
definition of curricular club to the club application.
195
(b) If the school finds that the proposed club is a curricular club, the school shall
196
continue to review the application as an application for authorization of a curricular club.
197
(c) If the school finds that the proposed club is a noncurricular club, the school may:

198
(i) return the application to the faculty member or students proposing the club for
199
amendment; or
200
(ii) review the application as an application for authorization of a noncurricular club.
201
(7) (a) Only curricular clubs may be authorized for elementary schools.
202
(b) A school governing body may limit, or permit a secondary school to limit, the
203
authorization of clubs at the secondary school to only curricular clubs.
204
Section 6.
Section
53A-11-1205
is enacted to read:
205
53A-11-1205. Noncurricular clubs -- Annual authorization.
206
(1) A noncurricular club shall have a minimum of three members.
207
(2) Students proposing a noncurricular club shall submit a written application for
208
authorization on a form approved by the school governing board.
209
(3) An application for authorization of a noncurricular club shall include:
210
(a) the recommended club name;
211
(b) a statement of the club's purpose, goals, and activities;
212
(c) a statement of the club's categorization, which shall be included in the parental
213
consent required under Section
53A-11-1210
, indicating all of the following that may apply:
214
(i) athletic;
215
(ii) business/economic;
216
(iii) agriculture;
217
(iv) art/music/performance;
218
(v) science;
219
(vi) gaming;
220
(vii) religious;
221
(viii) community service/social justice; and
222
(ix) other;
223
(d) the recommended meeting times, dates, and places;
224
(e) a statement that the club will comply with the provisions of this part and all other
225
applicable laws, rules, or policies; and

226
(f) a budget showing the amount and source of any funding provided or to be provided
227
to the club and its proposed use.
228
(4) The application may be as brief as a single page so long as it contains the items
229
required under this section.
230
(5) (a) A school governing board may provide for approval of a noncurricular club
231
name in an action separate from that relating to authorization of the club itself.
232
(b) A school governing board shall require:
233
(i) that a noncurricular club name shall reasonably reflect the club's purpose, goals, and
234
activities; and
235
(ii) that the noncurricular club name shall be a name that would not result in or imply a
236
violation of this part.
237
Section 7.
Section
53A-11-1206
is enacted to read:
238
53A-11-1206. Clubs -- Limitations and denials.
239
(1) A school shall limit or deny authorization or school building use to a club or
240
require changes prior to granting authorization or school building use:
241
(a) as the school determines it to be necessary to:
242
(i) protect the physical, emotional, psychological, or moral well-being of students and
243
faculty;
244
(ii) maintain order and discipline on school premises;
245
(iii) prevent a material and substantial interference with the orderly conduct of a
246
school's educational activities;
247
(iv) protect the rights of parents or guardians and students;
248
(v) maintain the boundaries of socially appropriate behavior; or
249
(vi) ensure compliance with all applicable laws, rules, regulations, and policies; or
250
(b) whose proposed charter and proposed activities indicate students or advisors in club
251
related activities would as a substantial, material, or significant part of their conduct or means
252
of expression:
253
(i) encourage criminal or delinquent conduct;

254
(ii) promote bigotry;
255
(iii) involve human sexuality; or
256
(iv) involve any effort to engage in or conduct mental health therapy, counseling, or
257
psychological services for which a license would be required under state law.
258
(2) A school governing board has the authority to determine whether any club meets
259
the criteria of Subsection (1).
260
(3) If a school or school governing board limits or denies authorization to a club, the
261
school or school governing board shall provide, in writing, to the applicant the factual and legal
262
basis for the limitation or denial.
263
(4) A student's spontaneous expression of sentiments or opinions otherwise identified
264
in Subsection
53A-13-302
(1) is not prohibited.
265
Section 8.
Section
53A-11-1207
is enacted to read:
266
53A-11-1207. Faculty oversight of authorized clubs.
267
(1) A school shall approve the faculty sponsor, supervisor, or monitor for each
268
authorized curricular, noncurricular, and religious club to provide oversight consistent with this
269
part and the needs of the school to ensure that the methods of expression, religious practices, or
270
other conduct of the students or advisors involved do not:
271
(a) unreasonably interfere with the ability of school officials to maintain order and
272
discipline;
273
(b) unreasonably endanger or threaten the well-being of persons or property;
274
(c) violate concepts of civility or propriety appropriate to a school setting; or
275
(d) violate applicable laws, rules, regulations, and policies.
276
(2) (a) A school shall annually approve faculty members as sponsors of curricular
277
clubs.
278
(b) Faculty sponsors shall organize and direct the purpose and activities of a curricular
279
club.
280
(3) (a) A school shall approve faculty members to serve as supervisors for authorized
281
noncurricular clubs.

282
(b) A faculty supervisor shall provide oversight to ensure compliance with the
283
approved club purposes, goals, and activities and with the provisions of this part and other
284
applicable laws, rules, and policies.
285
(c) The approval of a faculty supervisor or monitor does not constitute school
286
sponsorship of the club.
287
(d) A faculty monitor approved for a religious club may not participate in the activities
288
of the religious club, except to perform the supervisory role required by this section.
289
(4) Without the prior approval by the school, a person who is not a school faculty
290
member or a club member may not:
291
(a) make a presentation to a noncurricular club; or
292
(b) direct, conduct, control, or regularly attend the meetings of a noncurricular club.
293
Section 9.
Section
53A-11-1208
is enacted to read:
294
53A-11-1208. Use of school facilities by clubs.
295
(1) A school shall determine and assign school building use for curricular and
296
noncurricular clubs consistent with the needs of the school.
297
(2) The following rules apply to curricular clubs:
298
(a) in assigning school building use, the administrator may give priority to curricular
299
clubs over noncurricular clubs; and
300
(b) the school may provide financial or other support to curricular clubs.
301
(3) The following rules apply to noncurricular clubs:
302
(a) a preference or priority may not be given among noncurricular clubs;
303
(b) (i) a school shall only provide the space for noncurricular club meetings; and
304
(ii) a school may not spend public funds for noncurricular clubs, except as required to
305
implement the provisions of this part, including providing space and faculty oversight for
306
noncurricular clubs;
307
(c) a school shall establish the noninstructional times during which noncurricular clubs
308
may meet;
309
(d) a school may establish the places that noncurricular clubs may meet;

310
(e) a school may set the number of hours noncurricular clubs may meet per month,
311
provided that all noncurricular clubs shall be treated equally; and
312
(f) a school shall determine what access noncurricular clubs shall be given to the
313
school newspaper, yearbook, bulletin boards, or public address system, provided that all
314
noncurricular clubs shall be treated equally.
315
Section 10.
Section
53A-11-1209
is enacted to read:
316
53A-11-1209. Club membership.
317
(1) A school shall require written parental or guardian consent for student participation
318
in all curricular and noncurricular clubs at the school.
319
(2) Membership in curricular clubs is governed by the following rules:
320
(a) (i) membership may be limited to students who are currently attending the
321
sponsoring school or school district; and
322
(ii) members who attend a school other than the sponsoring school shall have, in
323
addition to the consent required under Section
53A-11-1210
, specific parental or guardian
324
permission for membership in a curricular club at another school;
325
(b) (i) curricular clubs may require that prospective members try out based on objective
326
criteria outlined in the application materials; and
327
(ii) try-outs may not require activities that violate the provisions of this part and other
328
applicable laws, rules, and policies; and
329
(c) other rules as determined by the State Board of Education, school district, or
330
school.
331
(3) Membership in noncurricular clubs is governed by the following rules:
332
(a) student membership in a noncurricular club is voluntary;
333
(b) membership shall be limited to students who are currently attending the school;
334
(c) (i) noncurricular clubs may require that prospective members try out based on
335
objective criteria outlined in the application materials; and
336
(ii) try-outs may not require activities that violate the provisions of this part and other
337
applicable laws, rules, and policies;

338
(d) a copy of any written or other media materials that were presented at a
339
noncurricular club meeting by a nonschool person shall be delivered to a school administrator
340
no later than 24 hours after the noncurricular club meeting and, if requested, a student's parent
341
or legal guardian shall have an opportunity to review those materials; and
342
(e) other rules as determined by the State Board of Education, school district, or
343
school.
344
Section 11.
Section
53A-11-1210
is enacted to read:
345
53A-11-1210. Parental consent.
346
(1) A school shall require written parental or guardian consent for student participation
347
in all curricular and noncurricular clubs at the school.
348
(2) The consent described in Subsection (1) shall include an activity disclosure
349
statement containing the following information:
350
(a) the specific name of the club;
351
(b) a statement of the club's purpose, goals, and activities;
352
(c) a statement of the club's categorization, which shall be obtained from the
353
application for authorization of a club in accordance with the provisions of Section
354
53A-11-1204
or
53A-11-1205
, indicating all of the following that may apply:
355
(i) athletic;
356
(ii) business/economic;
357
(iii) agriculture;
358
(iv) art/music/performance;
359
(v) science;
360
(vi) gaming;
361
(vii) religious;
362
(viii) community service/social justice; and
363
(ix) other;
364
(d) beginning and ending dates;
365
(e) a tentative schedule of the club activities with dates, times, and places specified;

366
(f) personal costs associated with the club, if any;
367
(g) the name of the sponsor, supervisor, or monitor who is responsible for the club; and
368
(h) any additional information considered important for the students and parents to
369
know.
370
(3) All completed parental consent forms shall be filed by the parent or the club's
371
sponsor, supervisor, or monitor with the school's principal, the chief administrative officer of a
372
charter school, or their designee.
373
Section 12.
Section
53A-11-1211
is enacted to read:
374
53A-11-1211. Violations -- Investigations -- School responses.
375
(1) A school shall investigate any report or allegation that an authorized curricular or
376
noncurricular club is:
377
(a) participating in activities beyond the scope of its purpose; or
378
(b) in violation of a provision of this part or another applicable law, rule, regulation, or
379
policy.
380
(2) After meeting with the faculty sponsor, faculty supervisor, or faculty monitor, the
381
students involved, and the person making the report or allegation, if a violation is substantiated,
382
the school may do any of the following:
383
(a) allow the club's original statement of its purpose, goals, and activities to be
384
modified to include the activities if they are in compliance with the provisions of this part and
385
other applicable laws, rules, regulations, or policies;
386
(b) instruct the faculty sponsor, supervisor, or monitor not to allow similar violations in
387
the future;
388
(c) limit or suspend the club's authorization or school building use pending further
389
corrective action as determined by the school; or
390
(d) terminate the club's authorization and dissolve the club.
391
(3) Any limitation on expression, practice, or conduct of any student, advisor, or guest
392
in a meeting of a curricular or noncurricular club, or limitation on school building use, shall be
393
by the least restrictive means necessary to satisfy the school's interests as identified in this part.

394
(4) A club that has been terminated in accordance with Subsection (2)(d) may not
395
reapply for authorization until the following school year.
396
(5) A student who makes a false allegation or report under this section shall be subject
397
to school discipline.
398
Section 13.
Section
53A-11-1212
is enacted to read:
399
53A-11-1212. Appeals -- Procedures.
400
(1) (a) Each completed application or complaint shall be approved, denied, or
401
investigated by the school within a reasonable amount of time.
402
(b) If an application or complaint is denied, written reasons for the denial or results of
403
the investigation shall be stated and, if appropriate, suggested corrections shall be made to
404
remedy the deficiency.
405
(c) Each club that is denied school building use shall be informed at the time of the
406
denial of the factual and legal basis for the denial, and, if appropriate, how the basis for the
407
denial could be corrected.
408
(2) (a) If denied, suspended, or terminated, a club, student desirous of participating or
409
speaking, or a complaining parent or guardian, has ten school days from the date of the denial,
410
suspension, or termination to file a written appeal from the denial, suspension, or termination
411
to a designee authorized by the school governing board.
412
(b) The designee shall issue a determination within a reasonable amount of time from
413
receipt of the appeal, which decision is final and constitutes satisfaction of all administrative
414
remedies unless the time for evaluation is extended by agreement of all parties.
415
(3) A person directly affected by a decision made in accordance with the provisions of
416
this part may appeal the decision by writing to a person designated by the school governing
417
board.
418
Section 14.
Section
53A-11-1213
is enacted to read:
419
53A-11-1213. Rulemaking -- State Board of Education -- School governing
420
boards.
421
The State Board of Education may adopt additional rules and school governing boards

422
may adopt additional rules or policies governing clubs that do not conflict with the provisions
423
of this part.
424
Section 15.
Section
53A-11-1214
is enacted to read:
425
53A-11-1214. Severability.
426
If any provision of this part or the application of any provision to any person or
427
circumstance, is held invalid, the remainder of this part shall be given effect without the invalid
428
provision or application.
429
Section 16.
Section
53A-13-101.2
is amended to read:
430
53A-13-101.2. Waivers of participation.
431
(1) If a parent with legal custody or other legal guardian of a student, or a secondary
432
student, determines that the student's participation in a portion of the curriculum or in an
433
activity would require the student to affirm or deny a religious belief or right of conscience, or
434
engage or refrain from engaging in a practice forbidden or required in the exercise of a
435
religious right or right of conscience, the parent, guardian, or student may request:
436
(a) a waiver of the requirement to participate; or
437
(b) a reasonable alternative that requires reasonably equivalent performance by the
438
student of the secular objectives of the curriculum or activity in question.
439
(2) The school shall promptly notify a student's parent or guardian if the student makes
440
a request under Subsection (1).
441
(3) If a request is made under Subsection (1), the school shall:
442
(a) waive the participation requirement;
443
(b) provide a reasonable alternative to the requirement; or
444
(c) notify the requesting party that participation is required.
445
(4) The school shall ensure that the provisions of Subsection
53A-13-101.3
(3) are met
446
in connection with any required participation under Subsection (3)(c).
447
(5) A student's academic or citizenship performance may not be penalized by school
448
officials for the exercise of a religious right or right of conscience in accordance with the
449
provisions of this section.

450
[(6) (a) As a condition for participation in a student club or organization that meets on
451
school premises, regardless of the organization's relationship to school curriculum, a local
452
school district may require every student to obtain written permission from either a parent with
453
legal custody or other legal guardian.]
454
[(b) If a local school district requires written permission under Subsection (a), that
455
school district shall require written permission for:]
456
[(i) every club or organization that meets on school premises in that school district;
457
and]
458
[(ii) every student participating in a club or organization described in Subsection (i).]
459
[(c) The local school district shall supply the permission form, and all completed forms
460
shall be filed with the school's principal or the principal's designee.]
461
Section 17. Repealer.
462
This bill repeals:
463
Section 53A-3-419, Limitations regarding access for student clubs and
464
organizations.